The capital transfer for foreign investors at Long Phanis a strategic opportunity to help Vietnamese businesses expand international cooperation, improve financial capacity and technology transfer. At Long Phan, we provide comprehensive support from consulting to transfer procedures, ensuring a transparent, safe process and optimizing benefits for all parties, while enhancing the competitive position of the business in the international market.
Consulting on capital transfer procedures for foreigners
Forms of capital transfer to foreigners
According to Clause 18, Article 4 of the Law on Enterprise 2020, Capital contribution is defined as the contribution of assets to form the company’s charter capital. Capital contribution may include contributions to establish a new enterprise or supplement charter capital to an already established enterprise.
The Law on Enterprise 2020 regulates many forms of capital transfer to foreigners. The transfer of contributed capital must comply with regulations on foreign ownership ratio. Each type of enterprise has its own regulations on capital transfer.
Main forms of capital transfer:
For LLCs with two or more members: According to Article 52 of the Law on Enterprise 2020, foreigners can receive transfer of capital contributions from company members.
For joint stock companies: According to Article 127 of the Law on Enterprise 2020, foreigners can receive shares through share transfer.
For partnerships: Pursuant to Article 178, Article 186, Article 187 of the Law on Enterprise 2020 on capital contribution and transfer of capital contributions of members.
Forms of capital contribution transfer
Conditions for enterprises transferring capital contributions to foreigners
For Vietnamese businesses
To transfer capital contributions to foreigners, Vietnamese businesses must meet the conditions on industry and foreign ownership ratio. Specific conditions:
Enterprises operating in unconditional industries and transfer rate below 51%: Just need to change the business registration certificate.
Enterprises operating in conditional industries: Must seek approval from a competent state agency.
Must complete procedures for registering capital contribution and share purchase at the Department of Planning and Investment before changing the business registration certificate.
Must comply with regulations on transfer of shares or capital contributions according to the Law on Enterprise 2020, ensuring the rights of existing shareholders/members.
For enterprises with foreign investment capital
To ensure that the transfer of capital contributions takes place in accordance with regulations, foreign-invested enterprises must comply with the conditions specified in Clause 2, Article 24 of the Law on Investment 2020 as follows:
Regarding market access conditions: Foreign investors must meet market access conditions as prescribed in Article 9 of the Law on Investment.
Ensuring national defense and security: Capital contributions and share purchases must ensure that they do not violate regulations on protecting national defense and security according to current law.
Land regulations: Investors must comply with regulations on land use rights, especially the conditions for receiving land use rights and using land in special areas such as islands, communes/wards/towns. border and coastal towns.
Conditions for transferring capital contributions
Consulting service for transfer of capital contribution for foreigners in Long Phan
Scope of services we provide
Long Phan provides comprehensive consulting services on capital transfer. We support customers from the preparation stage to completing the procedure. The services we provide specifically:
Consulting on regulations related to capital transfer.
Support in drafting capital transfer contracts between parties.
Guide and support businesses in completing procedures to adjust the Business Registration Certificate after transferring contributed capital.
Representing customers to carry out procedures at competent agencies.
Consulting on procedures for changing the organizational structure of the enterprise after transferring capital contributions.
Consulting to resolve when disputes arise.
Process of receiving and providing services at Long Phan
Long Phan applies a professional process in consulting on capital transfer. We ensure legality and effectiveness for customers.
Step 1: Receive requests from customers
Collect basic information about the issue that needs to be resolved.
Confirm relevant requirements, documents and records.
Step 2: Determine the scope of requirements and provide preliminary consultation
Clarify the problem and goal that the customer wants to achieve.
Analyze the scope of requirements to determine the type of service that needs to be provided.
Provide preliminary advice on regulations and procedural solutions.
Step 3: Analyze details and research records
Consulting experts research documents, contracts and related information.
Analyze situations in detail and evaluate risks and opportunities.
Make preliminary judgments about the customer’s ability to solve problems
Step 4: Initial advice
Introducing l options that suit client requirements.
Explain the customer’s rights and obligations in each option.
Guide customers to clearly understand the process and next steps to take.
Step 5: Propose solutions
Propose optimal solutions to solve the problem.
Explain in detail the reasons for choosing the solution and its legal implications.
Step 6: Agree on service plans and costs
Both sides agreed on a solution plan and specific implementation steps.
Discuss and agree on service costs and payment methods.
Sign a service provision contract, clear about time and terms.
Step 7: Deploy the service
The consultants began performing work according to the signed agreement.
Update progress for customers throughout the implementation process.
Ensure work is done on time and in accordance with regulations.
Step 8: Check and review the results
Review completed work to ensure accuracy and legality.
Hand over the results to the customer and explain the next steps (if any).
Support customers in handling problems that arise after completing work…
Benefits when using our services
Using capital transfer consulting services for foreigners at Long Phan will bring customers many practical benefits. Some advantages of our services include:
Comprehensive consulting services: Long Phan provides diverse consulting services, from basic advice, contracts, administrative procedures to international investment, helping customers solve all problems.
Minimize risks: Thanks to early analysis and prediction of legal risks, services at Long Phan help customers avoid potential problems.
Save time and costs: Long Phan helps customers save time on processing and reduce costs incurred by resolving problems quickly and effectively.
Long-term support and strategic consulting: Long Phan provides continuous legal services, helping customers maintain legal compliance and sustainable development.
Capital transfer consulting services for foreigners at Long Phan provide comprehensive solutions, helping international investors carry out transfer transactions quickly, legally and effectively. With a team of experienced experts, we support customers from consulting, preparing documents to implementing procedures professionally. Contact us immediately via hotline 0906735386to receive detailed and quick support.
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Dương Thị Kim Ngân
Jurist Ngan Duong Thi Kim - Partner of Long Phan, Ms. Ngan possesses profound knowledge in business consulting, labor, and contracts. With dedication and creativity, Ms. Ngân has achieved significant success in advising and supporting businesses in critical areas such as legal matters, finance, management, and contracts. She is committed to providing optimal solutions and helping clients succeed in the business environment.